This is an Agreement by and between the Northern Michigan University Board of Trustees, the Employer, hereinafter referred to as the "Board" or the "Employer", and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Technical, Office and Professional and its Local 1950), hereinafter referred to as the "Union."

1.1 Complete Agreement. This contract represents the complete agreement between the parties and supersedes any and all prior agreements, understandings, customs, and practices. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the term of this Agreement, neither party will be required to negotiate with respect to any such matters, whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement may be amended, modified, or supplemented only by a written document signed by authorized representatives of both parties.

1.2 Purpose. The purpose of this Agreement is to set forth wages, hours, and terms and conditions of employment; to establish the procedure for collective bargaining; and to promote orderly and peaceful labor relations between the Employer and the employees. To the above end, it is the intent of the parties to abide by the terms of this Agreement at all times.

1.3 Separability; Minimum Requirements; Negotiations. In the event that any provision of this Agreement, in whole or in part, is declared to be illegal, void, invalid, or unenforceable by any court of competent jurisdiction or by any administrative agency having jurisdiction, all of the remaining terms, conditions, and provisions of this Agreement which are not rendered meaningless, inoperable, or ambiguous as a consequence of the declaration shall remain in full force and effect.

1.3.1 This Agreement states minimum terms and conditions for employment or continued employment of a member of the bargaining unit, and the Board shall not employ a member on terms less favorable to the employee than those stated herein without the consent of the affected individual and the Union.

1.3.2 Special Conferences. Special Conferences for important matters will be arranged between the Local President and the Director of Human Resources or their designated representatives upon request of either party. Such meetings shall be between at least two (2) representatives of the Employer and at least two (2) representatives of the Union. Requests for such Special Conferences shall be made in writing and an agenda of the matter to be taken up at the meeting shall be presented at the time the Conference is requested. Matters taken up in Special Conferences shall be confined to those included in the agenda. The members of the Union shall not lose time or pay for time spent in such Special Conferences. This Conference will be scheduled at a mutually convenient time. However, such a Conference will be scheduled within ten (10) working days from the date of receipt of the written request for such Conference.

1.4 Definitions

1.4.1 For the purpose of this Agreement, a regular full-time employee is an employee who is assigned to work one thousand five hundred and sixty (1,560) hours or more per year, excluding overtime. A regular part-time employee is an employee who is assigned to work twenty (20) hours per week or more but less than thirty (30) hours per week, excluding overtime.

1.4.2 "Board" means the Board of Trustees of Northern Michigan University, Marquette, Michigan, a state institution of higher education, and its administrative agents.

1.4.3 "Union" means the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Technical, Office and Professional and its Local 1950).

1.4.4 "Unit" or "bargaining unit" means the bargaining unit defined in Section 1.5.

1.4.5 "Employee" or "bargaining unit member" or "unit member" means a person employed in the bargaining unit defined in Section 1.5.

1.4.6 Pronouns of masculine and feminine gender include each other.

1.4.7 "Board," "University," and "Employer" are synonymous.

1.4.8 "Annual leave" and "vacation" are synonymous.

1.5 Recognition. Pursuant to and in accordance with all applicable provisions of Act 379 of the Michigan Public Acts of 1965, as amended, the Board recognizes the Union as the exclusive collective bargaining representative of employees of Northern Michigan University in the unit described below for the purpose of negotiating with respect to wages, hours, terms, and conditions of employment. The bargaining unit as certified by Case Number R75G-298 of the State of Michigan, Department of Labor, Employment Relations Commission, includes:

All regular full-time and regular part-time employees classified as 4E through 4A employed by Northern Michigan University at all its installations, but excluding: Faculty, Post Doctoral Fellows, Research Assistants, Graduate Assistants, Tutorial Assistants, Professional Employees, Administrative Employees, Student Employees including Work Study Employees, Confidential Employees, Supervisors, and all Employees presently represented as part of a certified bargaining unit.

1.5.1 The Union has sole collective bargaining jurisdiction over all of the positions covered by this Agreement.

1.5.1.1 Members of the bargaining unit shall have the right to perform the duties, and shall have the responsibilities of each position as described in the job descriptions as set forth in Appendix A and as outlined in the job description, except as limited by paragraphs 1.5.2 and 1.17. Administrative employees, supervisory employees, faculty members and student employees may occasionally perform the work of these positions in the following situations:

It is understood that supervisory, administrative employees, and student employees will not be used to replace a bargaining unit employee on a permanent basis.

In the event the Employer makes changes in its organizational structure which transfers work currently being performed by bargaining unit members outside of the unit or makes major changes within the bargaining unit, the Director of Human Resources or the Director's designee shall notify the Union President of such changes at least five (5) working days prior to the implementation of the proposed changes. The Union President may request a Special Conference with the Employer to discuss concerns the Union has prior to implementation of any proposed changes.

1.5.2 Northern Michigan University and Local 1950 of the UAW recognize and agree that the employment of students is a part of the total financial aid program at the University.

It is understood that student employees will not be hired to replace or displace a bargaining unit employee nor to reduce the number of positions in the bargaining unit.

This provision will not require the University to lay off any student employee nor will it prevent the University from replacing student employees who leave with a like number of additional students.

1.6 Nondiscrimination. The Employer and the Union reaffirm in this collective bargaining agreement their commitments to not discriminate in violation of the statutes of the United States or of the State of Michigan. To that end, the Employer and the Union will not unlawfully discriminate against any bargaining unit member in their wages, hours, or other terms and conditions of employment including training, upgrading, transfer, layoff, discipline, or discharge because of height, weight, religion, race, color, sex, national origin, marital status, familial status, veteran status, age, sexual orientation, or disability.  The Employer and the Union also affirm their commitment against unlawful workplace harassment.  When the Employer becomes aware of such harassment, the Employer will comply with applicable legal obligations to investigate and take corrective action as deemed appropriate.

1.6.1 The Employer will not knowingly discriminate against any member of the bargaining unit because of the member's membership or nonmembership in the Union or for engaging in activities which may be supportive of or against the Union or any other employee group, providing such activities do not interfere with the proper performance of job duties.

1.7 No Strike or Lockout. The Union agrees that it will not engage in or sanction or support any strike, work stoppage, work slowdown, or other job action which in any way interferes with the normal operation of the University. The Board agrees that it will refrain from locking out members of the bargaining unit or from any threat thereof.

1.8 Information. Within a reasonable period of time, the Employer will provide the Union with such additional information from its records as is necessary to enable the Union to carry out its function of bargaining with respect to the wages, hours, and conditions of employment of bargaining unit members.

However, this provision shall not be construed to require the Employer to develop information for the Union or to provide requested information in any specific form or format.

1.8.1 The Employer shall be provided with a list of local Union officers, committee members, and stewards and the jurisdictional districts to which they are assigned. The Employer shall be notified of any subsequent changes.

1.8.2 Employees shall be responsible for providing the Employer and the Union with changes in their names, addresses, or telephone numbers within ten (10) working days or as soon as possible of such change.

1.8.3 The Employer shall post an electronic copy of this Agreement on the Human Resources web site within sixty (60) calendar days after its ratification by both parties.

1.9 Personnel Files. Employees shall have the right to inspect the contents of their official personnel file during the University's normal business hours upon the filing of a written request for the inspection. Such inspection will normally take place within two (2) working days after the request is made. Upon request, the University will provide the employee with a copy of any document placed in the personnel file, at the employee's expense. Upon presentation of written authorization by an employee, the Union President, Vice President, Chief Steward, or Steward of the employee's district may review the employee's personnel file. Upon request, any bargaining unit employee's disciplinary record may be reviewed by the Union President, Vice President, Chief Steward, or Steward of the employee's district with written authorization from the employee. Any abuse of this Section shall be the subject of a Special Conference.

No official report nor any written derogatory statement regarding an employee shall be filed in their official personnel file unless the employee is sent a dated copy and notified that a copy will be placed in their personnel file. The employee has a right to submit a response to the report or statement and such response shall be attached to and filed with the report or statement in the employee's personnel file. The employee has the right to request that letters of commendation be placed in their official personnel file.

The official personnel file is the file that is maintained in the Human Resources Department. If the Employer designates a new department to assume the responsibilities of the official personnel file, the Union will be notified in writing of such change.

1.10 Safety and Wellness. The Employer shall continue to make provisions for the safety and wellness of its employees during hours of employment and affirms its obligation under Federal and State Worker Right -To-Know Laws.

1.10.1 The existing University-wide Safety Committee will meet at least once every other month (with the possible exception of the summer months). In the event the University abolishes a University-wide committee, the Director of Human Resources, or the Director's designee, shall meet with a Local 1950-UAW Committee comprised of three (3) Union representatives at least once every other month (with the possible exception of the summer months). Prior to the Union representative raising an item at any committee meeting, the employee(s) affected by the item shall bring the matter to the attention of their immediate supervisor.

If a safety or wellness concern is raised at a committee meeting, and the Union wishes to file a grievance regarding an alleged violation of Section 1.10, then the Union may file its grievance at the third step of the grievance procedure.

1.10.2 Employees who have a complaint regarding routine or normal work adjustments to office conditions should first call the Facilities Department. If the Facilities Department does not respond to the complaint within a reasonable period, the employee may then notify the Human Resources Department and his/her Union steward.

1.10.2.1 When any bargaining unit employee complains that the office environment or safety conditions are so unusual that the Employer should consider sending the employee home or relocating the employee, the employee should follow the Office Environment Policy approved by the President's Council on March 28, 1989 (or any subsequent modification of that Policy). Pursuant to that Policy, the employee should notify the Human Resources Department of such a complaint. The employee has the right to also notify their Union steward.

1.10.3 An employee injured on the job during working hours and requiring medical attention shall be paid for the remainder of the day on which they were injured if the attending physician determines that the injury is serious and the employee must remain off the job for the day. Thereafter, Section 11.8 will apply.

1.10.4 The Employer agrees to continue to provide personal protective equipment, devices, and clothing at locations where they are currently provided. In the event that there is mutual agreement between the Employer and the Union that other personal protective equipment, devices, and clothing is required or in the event the Employer requires other personal protective equipment, devices, or clothing, it will be provided without cost to employees.

1.11 Use of Facilities and Services. The Union shall be afforded:

1.12 Temporary Closures. When the University determines that, due to inclement weather or other reasons, the University offices will be temporarily closed, the employees will suffer no loss of pay for the hours the offices are temporarily closed. When certain employees are required to report to work during such temporary closing, they will be given equivalent time off with regular pay to be arranged with the supervisor. Compensatory time will not be given to any employee who is on leave, annual leave, sick leave, or on University business in an area not affected by the temporary closure or local weather conditions for the period during which the University is temporarily closed.

The University is not responsible for any unauthorized announcements made by the media. Public Safety and Police Services (227-2777) will be the official source which an employee may contact to determine the official policy of the University. Determination of temporary closure will be made at the earliest practical time.

If the University offices are open and the employee is unable to report, the employee shall use annual leave, personal leave, or lost time.

The University will continue to provide the Union with a copy of established policies regarding inclement weather closures.

1.13 Continuation of Practices.

1.13.1 The University will continue to provide all currently available payroll deductions and direct deposits to local credit unions and banks.

1.13.2 The University will continue to allow employees to utilize the Library in accordance with such regulations as the University may establish.

1.13.3 The University will continue to pay employees on a biweekly schedule for the duration of this Agreement.

1.14 Parking Facilities. The Employer shall provide parking facilities to members of the bargaining unit in accordance with the uniform regulations established by the Employer.

1.15 University-Wide Affairs. Union participation in discussions on University-wide affairs shall be achieved through representation as determined and designated by the Board or on any other University-wide advisory body which may be established by the Board.

1.16 Rest Areas. Sufficient rest areas will be provided for all bargaining unit employees.

1.17 Nonbargaining Unit Employees. It is recognized that certain clerical work which is the same or similar to that which is performed by employees in the bargaining unit has and may continue to be performed by employees who are excluded from the bargaining unit.

The Board hereby retains and reserves unto itself all powers, rights, and authority to manage, direct, and control the University and its programs, properties, facilities, and employees, including, but not limited to, and without limiting the generality of the foregoing, the rights: (1) to hire all employees, to determine their qualifications and compensation and the conditions for their continued employment, and to dismiss, demote, discipline, promote, transfer, assign, lay off, and recall all such employees; (2) to determine work schedules, the hours of employment and the duties, responsibilities, and assignments of employees with respect thereto.

The exercise of the foregoing powers, rights, and authority by the Board and/or its designated administrators, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.